GR No.

L-4963, January 29, 1953

Maria Uson vs Maria Del Rosario et. Al.,

Facts: Maria Uson was the lawful wife of Faustino Nebreda. They separated and Maria del
Rosario became his common-law wife to whom he had 4 illegitimate children. F. Nebreda died
in 1945. Uson filed an action for recovery of the ownership and possession of 5 parcels of land
in Pangasinan against del Rosario and her 4 children (minors).

Faustino Nebreda left no other heir except his widow Maria Uson. Uson claims that when
Faustino Nebreda died in 1945, his common-law wife Maria del Rosario took possession illegally
of said lands thus depriving her of their possession and enjoyment.

Defendants in their answer set up as special defense that on February 21, 1931, Maria Uson
and her husband, the late Faustino Nebreda, executed a public document whereby they agreed
to separate as husband and wife and, in consideration of their separation, Maria Uson was
given a parcel of land by way of alimony and in return she renounced her right to inherit any
other property that may be left by her husband upon his death.

Faustino Nebreda died in 1945 much prior to the effectivity of the new Civil Code. With this
background, it is evident that when Faustino Nebreda died in 1945 the five parcels of land he
was seized of at the time passed from the moment of his death to his only heir, his widow
Maria Uson (Article 657, old Civil Code).

Issue: WON Uson has a right over the lands from the moment of death of her husband?

Ruling: Yes. There is no dispute that Maria Uson, plaintiff-appellee, is the lawful wife of Faustino
Nebreda, former owner of the five parcels of lands litigated in the present case. There is
likewise no dispute that Maria del Rosario, one of the defendants-appellants, was merely a
common-law wife of the late Faustino Nebreda with whom she had four illegitimate children,
her now co-defendants. It likewise appears that Faustino Nebreda died in 1945 much prior to
the effectivity of the new Civil Code. With this background, it is evident that when Faustino
Nebreda died in 1945 the five parcels of land he was seized of at the time passed from the
moment of his death to his only heir, his widow Maria Uson (Article 657, old Civil Code).As this
Court aptly said, "The property belongs to the heirs at the moment of the death of the ancestor
as completely as if the ancestor had executed and delivered to them a deed for the same
before his death" (Ilustre vs. Alaras Frondosa, 17 Phil., 321). From that moment, therefore, the
rights of inheritance of Maria Uson over the lands in question became vested.

Issue: WON the four minor illegitimate children of the late Faustino Nebrada are entitled to any
successional rights under the new Civil Code?

Ruling: There is no merit in this claim. Article 2253 above referred to provides indeed that rights
which are declared for the first time shall have retroactive effect even though the event which
gave rise to them may have occurred under the former legislation, but this is so only when the
new rights do not prejudice any vested or acquired right of the same origin. Thus, said article
provides that "if a right should be declared for the first time in this Code, it shall be effective at
once, even though the act or event which gives rise thereto may have been done or may have
occurred under the prior legislation, provided said new right does not prejudice or impair any
vested or acquired right, of the same origin." As already stated in the early part of this decision,
the right of ownership of Maria Uson over the lands in question became vested in 1945 upon
the death of her late husband and this is so because of the imperative provision of the law
which commands that the rights to succession are transmitted from the moment of death
(Article 657, old Civil Code). The new right recognized by the new Civil Code in favor of the
illegitimate children of the deceased cannot, therefore, be asserted to the impairment of the
vested right of Maria Uson over the lands in dispute.